one college offering a scholarships for illegal. >> if you're going away for the holiday, don't think about leaving the house without last minute travel tips. >> pack up. we'll see you. >> watch tucker. republicans set to respond after the president orders mass amnesty for five million illegal immigrants. that from john boehner and we'll have it live for you. welcome to "america's newsroom." martha: good morning. i'm martha maccallum. alabama senator jeff sessions saying what the president just did he believes was against the law. here he is. >> congress makes the laws. what the president did in this order is said, i am not enforcing the laws that you have passed. and indeed i'm going further. i'm going to give work permits, social security numbers, to

millions of people who congress said can not work in america. it is really a breathtaking overreach of mon you meantal proportions. bill: there is endless reaction this. ted cruz went further with this video posted on facebook. >> president of the united states went on national television and announced that he is defying the constitution. is defying federal law and he is defying the american people. bill: so byron york leads our coverage. chief correspondent for "washington examiner." fox news contributor. good morning to you, byron. >> good morning, bill. bill: talk about the process. "wall street journal" wrote this morning. sometimes it is only barrier to tyranny. mr. obama's policy by executive order is tearing at the fabric of national consent. what about subverting that process, byron? >> you won't find any republicans who disagree with what you just read there. as far as the senate is concerned, important thing to remember about republicans in

senate, the gop is still the minority party and they're going to be in the minority until the first week of january. so you will hear, i think a lot of huffing and puffing. you heard some from senator cruz but you're knot going to see any real big actions on the part of the senate. once they get power they will be looking for very targeted, surgical, specific ways to either strip out funding or in some way deny the president the ability to actually enact what he talked about last night. >> as you see the camera set up on the hill as we await speaker boehner. what is he likely to say, byron? >> look for him to repeat some of those things the president said in the past about how taking this sort of action would be unconstitution. the president said that a lot. john boehner likes to repeat that a lot. second of all there will be a bit of a rebuttal against what the president said last night. remember the president has been saying to congress, pass a bit. well, john boehner said we did pass bills. remember last summer there was

surge of immigrants across the border, president want ad funding bill. the house passed one. of course democrats did nothing and they stopped it. i think you will see almost point by point rebuttal by speaker boehner from what the president said last night. bill: there are some democrats not happy about this. who are they? what are they saying? >> well a couple of high-profile ones are joe manchin of west virginia and joe donnelly from indiana. what is important about this, they both said they don't agree with what the president has done. what is important about this in the senate is, if republicans have 54 votes in the next senate, they would still need six democrats to go along with them to get to that 60-votes you need to overcome a filibuster. are there six there? some people can count four or five. still not clear whether six would go along. bill: one last question, there will be talk of legal action. what is your expectation on that? >> yeah. there already is. you know the house has been contemplating a lawsuit against

the president over the issue of executive orders in general. there is now talk of a separate lawsuit against the president, specifically about what he did last night. in the past that was kind of dismissed as something that had no hope. now it seems to be taken more seriously by republicans in the house especially. i would look for them to try something like that in the next few weeks. bill: thank you, byron york setting the table for us there in washington. appreciate it. martha has more. martha: the left-hand side of the your screen they're checking the microphones. speaker boehner is expected to step in front of those in just a couple minutes. we'll take his comments live. they will set the direction and tone where republicans are headed next in all this. so we await with great interest in that coming up in a moment. meantime there is plenty of response from capitol hill and beyond. governor rick perry says the president's plan won't fix the problem. he believes it will make it worse, saying quote, the president's decision tonight will lead to more illegal immigration, not less. time for the president and

congress to secure our border, followed by meaningful reforms. there is no more time for political grandstanding. texas shares a border with mexico that stretches more than a thousand miles. coming up we'll speak with texas congressman mick mccaul and get his -- mike mccaul and get his response to that from the border in mack alan, texas. former. -- let's turn to permanent bipartisan reform says the potential presidential candidate. will this order stand, yes or no. send us a tweet @billhemmer, an @marthamaccallum. we'll get to that momentarily. martha: seven feet of snow. seven feet of snow and counting. it is still going. they could get two more in

western new york. people around buffalo have been shoveling and plowing non-stop since monday. more could call before it is all done according to the very latest look at the weather forecast there. it is a whiteout. look at that! terribly tragic in situations as well. seven people have lost their lives due to the weather, according to reports from there. also growing concerns about roof collapses. that is the big -- lack at those roofs full of snow. david lee miller joins us live in this part of new york state with a report on that as the death toll continues to rise in this story, david lee. >> reporter: that's right, martha. we're not just talking about just a snowstorm here. we're talking about a tragedy. the death toll because of this storm now stands at 12. we are told that as many as 30 buildings collapsed overnight. good news here, no one directly died because of those buildings collapsed but its making the situation in the buffalo area much more perillous.

two of the recent deaths came from residents at a nursing home who had to be relocated. at least 100 residents of this one particular home had to be moved because the situation there because of the snow on the roof was unstable. they say the building posed a serious threat. listen. >> the town building inspect was called. he noticed a little bit of twisting in some beams, the bowing, the cracking. it was decided this would be the best time, that we had to remove the people to do it now while it is daylight. they have the man power. >> reporter: this portion of up state new york is now facing yet another crisis. the temperature in the next few days, martha, expected to hit close to 60 degrees. that they say, is likely to cause some very serious flooding. but at this hour, in excess of seven feet of snow remain on the ground. portions of the thruway shut.

schools closed down. many stores are lacking basic supplies such as milk and bread as people desperately trying to cope as we refer to snow-vember. martha: this is extraordinary. what is being done to help them, david lee? >> reporter: there are now at least 200 national guardsmen in the buffalo area helping out. they expect that number to increase to as many as 300. they're more than simply helping people dig out. they're helping save lives. the in one case the guard came to a location where a man was trapped inside for four days. he was unable to open the door. he saw the guard passing by and yelled out. people are grateful for the help. martha: boy. >> i've been in here for four days. couldn't get my door open. all the snow came off the roof and packed the door in. there was supposed to be a number to call to get shoveled out. i couldn't get through to

anybody. so but thank god the guard was here. >> reporter: other help is also on the way. the new york city fire department is going to be sending some 35 firefighters to help buffalo to dig out, but again, they expect massive flooding over the next few days. martha? martha: david lee, thank you very much. bill: got that to look forward to, huh? the snow is so deep the nfl moved this weekend's buffalo bills game out of buffalo. they were supposed to face the new york jets on sunday but snow difficult drifts in the stadium 10 feet high. there is little time to get the snow out of there. the bills and jets will play monday night in detroit -- martha: where it is nice and cozy. bill: they have a roof on top of that stadium. martha: they do. speaking of all the snow the national oceanic and atmospheric administration, sometimes known as noaa, look at the storm over the united states. the eastern 2/3 of the country, blanketed literally in winter

weather. but it is not all snow. the satellite data shows temperatures. what you're seeing are very cold clouds hanging over there. of course, poor people in buffalo in the whole up state area, they're hoping they will be in some sort after good shape by thanksgiving next week and dug out of there. bill: you know how much snow you need to move a buffalo bills football game? i mean, wow! the images that our viewers are sending in, they take your breath away. martha: extraordinary, truly is. bill: ten minutes past the hour. republicans getting ready to react. microphone set up for house speaker john boehner. what will he say, what should he say? we'll have that live with dana perino. plus this? >> [shouting] martha: a lot of tension in the streets. thing are getting out of control as people wait for the grand jury decision which is expected to come any day now, outside of ferguson, missouri. we'll tell you about scuffles

that happened last night with the police and what they expect. >> appears this guy can't help himself. new video surfacing of obamacare argue tech jonathan gruber. he is not calling americans stupid now. who he calls out on the latest tape. we'll play this for that. >> they're not interested in covering poor people. they're willing to sacrifice billions of dollars of injections in their economy in order to punish poor people.

martha: as expected, here he is,

john boehner talking about the president's immigration bill last night. >> he was making it impossible to build the trust necessary to work together. as i warned the president you can't ask the elected representatives the people to trust you to enforce the law if you're constantly demonstrating that you can't be trusted to enforce the law. the president never listened. and with this action he has refused to listen to the american people. the president has taken actions that he himself has said are those of a king or an emperor, not an american president. and he is doing this at a time when americans want nothing more than both parties to focus on solving the biggest problems in our country, starting with our still struggling economy. and the action by the president yesterday will only encourage more people to come here illegally and putting their lives at risk. we saw the humanitarian crisis at our border last summer is,

how horrific it was. well next summer it could be worse. and this action also punishes those who have obeyed the law and have waited their turn. with this action the president has chosen to deliberately sabotage any chance of enacting bipartisan reforms he claims to seek. as i told the president yesterday, he is damaging the presidency itself. president obama has turned a deaf ear to the people that he was elected and we were elected to serve. but we will not do that. in the days ahead the people's house well rise to this challenge. we will not stand idle as the president undermines the rule of law in our country and places lives at we'll listen to the american people. we'll work with our members and we will work to protect the constitution of the united states. >> mr. speaker, the president

says -- >> you all know what the rules are. >> mr. speaker, the president says you could have prevented this, mr. speaker, by showing that the house was going to take action on comprehensive immigration reform. did you miss the boat? >> the president made 38 unilateral changes to the affordable care act. the president repeatedly suggested that he was going to unilaterally change immigration law. and he created an environment where the members would not trust him. and trying to find a way to work together was virtually impossible. and i warned the president over and and over that his actions were making it impossible for him to do what he wanted to do. >> mr. speaker, can you tell us how you plan to respond, how the house plans to respond when the house will respond and whether or not you agree with chairman rogers, given how these things are funded, the power of the

purse through appropriations is not a constitutional avenue to fight this? >> we're working with our members and looking at the options that are available to us but i will say to you, that the house will in fact act. >> mr. speaker, you start ad piecemeal process last year or earlier this year. can you renovate that? can you reinvigorate it and move that forward and or will you start from scratch? as i said at beginning of my remarks, we have a broken immigration system and american people expect us to work together to fix it and we ought to do it in the democratic process, moving bills through the people's house, through the senate and to the president's desk. thank you. happy thanksgiving. >> house speaker john boehner there. it was short, it was sweet. 3 1/2 minutes long. that is what we expected, deliberate sabotage, telling president barack obama yesterday he is damaging the presidency itself. dana perino, former white house press secretary, co-host of "the

five." welcome to you. do you disagree with anything you heard there? >> the only -- i like a short speech. i like one that is to the point. he took questions from the media, that is how this is supposed to work. last night the president's speech, just watch the speech, pretty good speech, right? persuasive, makes a lot of sense, but then, by the morning, as you're picking through and you realize it defies logic, it defies fact and it defies what the president said 10 days ago, which he believes that the midterm election result in which he was handed big losses, that that lesson was, america wants washington to work more together. 10 days later the president reveals a nine-month secret plan in which not a single democrat ran on, in that midterm election to defy what he just said is important to him working with congress. boehner an mcconnell, in very measured way will look back, as you heard boehner, he said, the house will act. what that will exactly be i'm not sure. there was one thing that i

thought might not actually turn out to be true. it is possible that there will be legislation going forward that could get bipartisan support and that the president would sign. that not out of the realm of possibility that that could happen is one of the things i had a little quibble with in his remarks. bill: in the new congress with the new majority in january? >> sure. now you have, everyone will be highly motivated to try to send the president bills that will do the thing he would not say he would do last night, deal with this border problem. also fairness issue of, so why these people and not others? that one, that will take a little bit of time to work through but the process i think is well underway between the two leaders. they will figure out a way to do something. but they will respond and the american people will be proud of the fact that they were able to do something. bill: take the second full screen, guys. telemundo, september 2013, ironies of ironies we found on tape from his own words is this comment from telemundo,

september 2013. if we start broadening that, 2012 order for undocumented children, essentially i will be ignoring the law i think in a way would be very difficult to defend legally. that's, that is just last year. >> that was last year. bill: what changed and why now? >> i think only thing that changed was a political calculation on behalf of, that the president. then he shopped around to try to find somebody. there is thing at justice department, office of legal council, an hour before his speech last night issued its opinion saying oh, yes, this is perfectly legal. lawyers on the other side are parsing through that i think it strains credulity they could get from a to b in a straight line on that. bill: see you at 5:00, right. >> right. bill: impossible to build trust. that word from speaker boehner. dana perino, thanks. martha? martha: moving on for a moment here, then back to immigration in a little bit. john kerry joins down to the wire talks on iran's nuclear program. the administration says this is

the chance to get historic diplomatic deal with iran. but critics fear they are giving way too much away. big story here when we come back.

bill: back to the main headline ever the morning, moments ago, house speaker john boehner his response to the president's move last night. the speaker saying it is impossible to build trust in washington, warning next summer could be worse for illegal immigration on the border than what we watch ad few months back. calls it deliberate sabotage and told the president he said yesterday, he is damaging the presidency itself. more reaction on this forthcoming here on "america's newsroom." martha: but in the meantime secretary of state john kerry and other world leaders arriving in vienna for last-minute talks

today on iran's nuclear program. the obama administration argues that engaging with iran will produce a more stable world. john mccain sending a clear message to the secretary of state in austria that it is an act of desperation, he believes, he talks today, not of diplomacy. listen to what he said. >> when i hear the secretary of state kerry is flying someplace to try to negotiate it sends a chill up my spine. i'm telling you it is desperation, it is not the way to conduct diplomacy and very obvious that they are desperate for a deal and misguided belief somehow they do that than things will be fine with iran in the world. it is delusional. martha: chilling words from general mccain really. -- john mccain. greg palkot joins me live from lond done. greg, you hear the concern that too much is being given away here and the wool is being pulled over our eyes by iran. how are these talks going so

far? >> reporter: that is certainly the question and the fear, martha but we are, can report some form of movement in the talks physically at least as the two side do not seem to be any closer to that deal. secretary of state john kerry after meeting today with his counterparts from iran and europe is heading to paris for more meetings. it is thought he is going there because the iranian foreign minister is heading back to tehran apparently see what the person who really makes the decisions thinks, iranian leader ayatollah khomeni. by all accounts the two sides remain far apart. the sticking points? how much nuclear capacity will u.s. allow iran? what grade of nuclear material will the u.s. allow iran? finally, what kind of international inspections can be conducted inside iran? the concern of course, martha, is that iran will get a nuclear bomb. the west thinks iran wants one. iran says, the nuclear program is simply peaceful. >> yeah. so these negotiations, there was supposed to meet

november 24th deadline on this is there any reason to think that will happen? or would it be better if it was pushed? >> yeah. that deadline will probably not be met. that is consensus of a lot of people including one key expert we spoke with. another big reason that the vienna-based u.n. nuclear watchdog agency, iaea, came out and said parallel talks with iran they haven't been satisfied that iran does not want to make a bomb. still there are incentives to get a deal done. a big incentive for iran and president rouhani so the west can lift crippling economic sanctions. incentive obviously for the obama administration is get some kind of a foreign policy win. even secretary kerry said yesterday, in more words or less, they want a deal but they don't want a bad deal. the word again, we are getting is, we're watching kerry, they're not saying when or even if he is going back to vienna. same thing with the iranian

official. according to experts there will be an extension. the deadline will be passed. there will be more talks. presumably that means no war either but also maybe not a bad deal as well. back to you. martha: very true. greg, thank you very much. bill: john boehner is calling out the president for what many call an illegal action. what happens next and how will republicans respond to this? fair and balanced debate. we'll take it on next. plus this. [shouting] martha: boy, that is the scene last night, violent protests against the police after dozens of college students vanish without a trace. we'll tell you where that's happening when we come back. [ fishing rod casting line, marching band playing ] [ male announcer ] the rhythm of life. [ whistle blowing ] where do you hear that beat? campbell's healthy request soup lets you hear it in your heart. [ basketball bouncing ] heart healthy. [ m'm... ] great taste.

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martha: moments ago you heard from john boehner, speaker of

house condeming the president going around congress for his own immigration reform plan and blocking any house plan to get off the ground. here is the speaker moments ago. >> we have a broken immigration system and the american people expect us to work together to fix it and we ought to do it in the democratic process, moving bills through the people's house, through the senate and to the president's desk. martha: juan williams, fox news political analyst and mercedes schlap, a former media spokeswoman for president george h.w. bush. john boehner didn't say much essentially. for those of us who tuned in because we wanted to see which direction he was going to go in here, we didn't get a whole lot. what does that tell you? >> well he doesn't have to say much because the president has said enough, which basically he is setting a dangerous precedent that he is going, bypassing the constitution, bypassing congress and moving unilaterally on immigration which what he is doing, might deal with a small

portion of what the immigration problem is, which is they still need to modernize the immigration system and move forward on securing the borders. so, again, i think that speaker boehner kept it open to really put it out there to the president, but there is one word which is trust and president surely, surely has caused a problem here with the republicans in moving forward on solving any sort of, creating sort of this bipartisanship on immigration. martha: you know it is very curious, juan, because the president spoke last night, toward the end of the speech from the heart. he said i believe this is the right thing to do. i feel so strongly that this is, you noem brem mat i can what america is. where was all that thinking in the first two years of his presidency when he could have passed this with absolutely no problem the legal way through congress? >> i think he wanted congress to act. i think democrats were under pressure in terms of obamacare and other issues they felt economy, stimulus, cash for clunkers, i could go on.

i think he put it off. all of sudden republican house after 2010. so what you get here is a situation where it will come back to the question you started with, martha, which i think is the one on the table, why did john boehner say so little? why did he give so little direction in terms of the direction the opposition is going to take at this point? i think the answer is, that he doesn't have a plan other than to speak out in angry terms toward the president in order to appease his base and to say that the tea party caucus within the house, that he is with them and that he will never do business with this president. martha: you know it is very interesting because as we started this conversation, talking about the what john boehner will do, there is a piece this morning in the "wall street journal" about the three potential actions that could be taken by the gop. then there is this piece in the "national review" where he says the choice is not between one form of action and the other. it is between unconstitutional executive action and a deliberate, lawful decision by

the people's representatives not to act at all at least for now. mercedes, what do you think about that? >> well you know i think that for the house of representatives it really puts the pressure, i mean this is what i think president obama really meaning to do. he wants to put the pressure on the house of representatives to act. the problem is that they're not going to move forward on comprehensive immigration reform by they will move forward on piecemeal approaches. quite frankly the republicans should take him on and go forward and pass the piecemeal legislation. put pressure on the president to veto them. quite frankly, martha, the republicans have their hands a little bit tied, in the for example, they have only 53, maybe 54 votes. they need to get to 60 basically try to restrict any funding that would go to the agencies. plus the u.s. citizenship and immigration services are entirely self-funded. very restricted. they no need to stick to the message this president is abusing executive power. >> her said, how about they go with what the bipartisan senate

has already passed, now a year-and-a-half ago which is a legitimate immigration bill that does border security, that provide this pathway to citizenship but makes people stand in line? why is it as harry reid, the senate majority leader on democrats says, why doesn't speaker boehner just call for a vote? the votes are there. it would pass but he won't do it because he has to play to the base of a party that really is locked in at anger at president obama. what the president has done is not unconstitutional. otherwise he would be in court but he can't do it because it is not cows constitutional. martha: her said, respond to that? >> well, i think ideally with bipartisan bill moving forward in the house would be one of the more practical solutions to get it through but we know the reality. the reality of politics is what it is. we have voters voted in, tea party types, conservative republicans that have their voice, they have their power in the house of representatives. around guess what, if that is

where they want to go through the house with piecemeal legislation that will deal with temporary worker program and visa overstay and securing our border, great. i will say though that the republicans will need to face this question of how they're going to handle the legal pathway to citizenship and legal pathway to residency. that is a critical point. 57% of americans do believe we should have a path to citizenship. that will be one question i leave out there to republicans. >> that's true. what do you say to those, juan, people sent us tweets and e-mails all the time on this woe don't need executive action. we need law enforcement. there are laws on the books, the president by virtue of the constitution is duty at this-bound to uphold and he refused to uphold them? >> i'm trying to think what they're referring to. clearly he is the guy who is now king of deporters. the latino community was deriding him as the deporter-chief. going on what any president,

democrat or republican in the past. he was making a show of strong law enfortsment officer to try to prompt the congress and overcome republican objections about passing immigration reform. it didn't work. when people talk about this think they most often talk about building more security at border, tougher wall, more boots on the ground. again i don't know what that is satisfactory. i don't know what the bar is. the fact is there is much more border security, more money, more technology, more boots on the ground in the senate bill, in the republican, 14 republicans voted for that bill, including republicans from border states. >> thanks very much, juan. thank you, mercedes. good to see you both. >> stay warm. bill: now on the obama administration now saying they counted too many americans enrolling in obamacare. turns out they counted about half a million dental plans. that pumped up the estimate more than seven million signees. the number is closer to

6.7 million, oops. health and services secretary sylvia burwell tweeted this. the mistake is unacceptable. i will communicate that clearly throughout the department. another video emerging from obama care-size sore, jonathan gruber. talking about states expanding medicaid under the health care law. this is the latest clip here. listen. >> larger principles at stake here when these states are turning, not just turning down covering poor people, but turning down the federal stimulus that would come with that. so the price they're willing, they're not just not interested in covering poor people. they're willing to sacrifice billions of dollars of injections into their economy in order to punish poor people. it really is, just, almost awesome in its evilness. bill: how about that? gruber got fired from another state contract. this crossing a moment ago. lost his gig with vermont that earned $400,000. north carolina says he is no longer employed there.

>> all right. so you have got five more prisoners now being released from the prison at guantanamo bay. we'll tell you who they are and where they're going. coming up. bill: the pentagon releasing new videos showing airstrikes against isis but critics saying those strikes will not be enough to knock out the terrorists for good. is that the case? retired navy captain chuck nash on what we need to do next.

martha: did you hear this? five former guantanamo bay detainees are now headed to europe. the obama administration announced they were released after a task force determined that these prisoners are no longer a threat to the world. three of them were sent to the country of georgia. two are on their way to slovakia. that brings the gitmo prison population down to 143. that is 100 less than president obama took office, pledging to close down that detention center. bill: from the pentagon we've got new video of airstrikes against isis.

centcom saying attacks included against an isis command post and bunkers taking place in iraq. critics continue to insist that the airstrikes will not finish the job. retired navy captain chuck nash is one of them. fox military news analyst is one of them. welcome back to "america's newsroom." we're losing sight of a little bit of the story. midterm elections and immigration, let's get back to it. your sources in iraq tell you what about this current fight? >> what they're saying is things are pretty static on the ground. we're trying to make some motions but one of the big problem we have now is iranians on the ground advising the shia militia. and they're doing really terrible things. exacting revenge in cities that they're liberating. they're sewing seeds of hatred that will fuel another war for another 100 years. so things are not going well. the iranians are actually blabbing that on tv, praising iranian advisors to the shia militia who just liberate ad town in hillah province.

out in the anbar, in diala, baghdad province, the kidnappings, murders, arrests by government forces of sunni are on the increase. so you've got these people that are being driven into the arms of isis. not real good. bill: total turmoil based on that description. very few reporters to bring us that. >> pretty much. you have got to have sources in country who are monitoring things and seeing things for what it is. bill: former defense secretary robert gates has been critical all week again. you can release all videos all you want, but unless you put special-ops on the ground you will not be able to defeat this enemy. what is your view on that now? >> there is a guy who wrote this war about korea, why nukes aren't the answer. you have to have conventional forces. you can fly over land, bomb it, pulverize it, but if you would go in and possess it, must do as romance did and put your young men into the mud. i'm not suggesting we put american young men into the mud.

we have people who have full investment in this. that is the kurds and iraqis. they will have to fight for their own freedom and their own survival. right now i think what they're doing, they're fighting to get government forces out of their lands. they're using isis as the tip of their bloody spear. as soon as they get some consolidation, then they will try to cut a deal with baghdad. if that is successful, maybe the political entity called iraq survives. if not, it will break up into kurd, sunni and shia. bill: one more thing gates said, idealogical resistance to ground troops or special-ops is where the president is now again. i don't see that changing, do you? >> no. and i don't like know it is idealogical. i think just a realization that this is not our fight. this is not for young men from the united states to spill more blood in mess poe tame yaw, trying to fight a fight people there are not willing to fight themselves. this is their fight. we can support them as long as

it meets u.s. national interests. anything short of that, it is their fight. let them have it. bill: thank you, captain. chuck nash with us out of washington. in syria we know one more american being held. a woman, aged 26. we're hoping best for her certainly. thank you. chuck nash in washington, d.c. >> you bet, bill. bill: 12 minutes before the hour. martha: you must really love this subject now. a would-be victim in the florida state university campus shooting speaking out what he calls a minor miracle. jason durfes was leaving library when shots rang out. he heard a loud crack and ran for safety. when he got home, opened his bag, look at this. oh, my goodness. went right through bullet lodged in his book. realized that is what happened. listen to this. >> it makes it more real. realizing that that bullet was aimed at me. an act of god and that there is no way that those books should

have stopped a bullet from hitting me. >> boy, that poor kid. what an ordeal. three students were injured in the shooting. one is in critical condition. the gunman was shot and killed. no motive as of yet. he did some odd things. he sent packages to several of his friends before he went in there. just another one of these stories, makes you wonder. bill: i thought video we played yesterday of the campus alert went to students is gripping. you heard the person on video, is this happening here. swift action in tallahassee. president obama will act alone on millions of illegal immigrants. the president's action puts our border at even greater risk. texas congressman homeland security chair mike mccaul will react to that in a moment. plus this. ♪ shouting] martha: where is this situation headed? that is the scene last night in

ferguson, missouri. we expect the grand jury decision to come out any moment now. we've been saying that all week. but imminent to be sure. a police officer who killed michael brown, could, may or may not be charged. live in missouri coming up. here's some news you may find surprising.

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bill: violence erupting throughout mexico. protesters demanding answers with apparent massacre of dozens of student teachers in that country. [shouting] >> this clash outside mexico city's national palace. protest over the president's handling of the matter. they arrested students back in september in southern mexico. they were then allegedly handed over to a local drug trafficking

gang and likely killed. martha: fox news alert. as the grand jury will decide whether ferguson police officer darren wilson should be charged in the shooting death of michael brown. they are expected to meet today. the group may hear from one last witness we are learning, meaning deliberations could be close to getting underway. protests get underway in ferguson, missouri, and surrounding area ahead of that huge decision the world is waiting for. steve harrigan, life in clayton, missouri i. steve, how serious have the protests been so far? >> reporter: martha, there were scuffles last night out in front of the ferguson police department, officers some in riot gear and protesters. the police generally move when the protesters blocked traffic. it looked pretty dramatic on television, keep in mind the number of protesters last night, pretty small. just about 40 people overall. a lot of speculation when this

grand jury will make its decision and announcement. much of that speculation focused on the weekend. that is what certainly school superintendents are pushing for. a weekend announcement would be much less disruptive for schools, martha. martha: they are in process over the course of the weekend? >> that's right. and really when you talk to people here, almost to a man, about how you're feeling about things, most people say they are afraid. just recently the father of michael brown, michael brown, sr., release ad public service announcement asking protesters to remain peaceful. >> no matter what the grand jury decides, i do not want my son's death to be in vain. i want it to lead to incredible change, positive change, change that makes the st. louis region better for everyone. >> reporter: now already in this region in anticipation trouble we've seen a number of events and consers canceled.

people worried what could be ahead in the very near future. martha. martha: we hope the community and shops and all those stores that had a tough time in the middle of the summer, that it is easier on them when this decision comes down but we'll see. steve, thank you very much. bill: like mike brown's father's message, stick to that. martha: absolutely. bill: the republicans slamming the president's executive action on immigration. what now can they do to stop it? what is effect on our economy? stu varney takes that on. we have reaction from border state lawmakers set to deal with this action live. martha: a pulse-pounding she said roller coaster going up in orlando that will be the tallest one in the whole world. that is pretty cool video. we'll talk to the people who dreamed that up and made it happen. bill: all aboard. [screaming]

many americans who have prescriptions fail to stay on them. that's why we created programs which encourage people to take their medications regularly. so join us as we raise a glass to everyone who remembered today. bottoms up, america. see you tomorrow. same time. another innovation from cvs health. because health is everything. martha: we are back, and president obama's immigration decree sparking outrage today as the president pivots from a

midterm shellacking to focus very squarely on his own agenda. that is his mo as he heads into the final couple of years. the house speaker, john boehner, coming out just a little while ago saying that republicans are ready to fight. we're going to break all that down coming up here on a new hour of "america's newsroom," i'm martha maccallum. bill: and i'm bill hemmer. the president will sign the executive order on immigration in las vegas later this afternoon. meanwhile, republicans will not stand idle while the president undermines the rule of law. house speaker john boehner just 40 minutes ago. >> with this action the president has chosen to deliberately sabotage any chance of enacting bipartisan reforms that he claims to seek. and as i told the president yesterday, he's damaging the presidency itself. president obama has turned a deaf ear to the people that he was elected and we were elected to serve. but we will not do that.

in the days ahead, the people's house will rise to this challenge. martha: so what does all that mean? fox news team coverage now. stuart varney on the economic impact, chris stirewalt, very interesting take on the politics of all this. but first, we go to chief white house correspondent ed henry. ed, we just heard from john boehner. did the president poison the well on this issue last night? >> reporter: well, he may have. and with john boehner kind of lashing out at him saying this is, essentially, lawlessness, and the president's violating the constitution, it's hard to see how republicans will want to work with the president in the days ahead when they take over the house and senate to actually get some sort of comprehensive immigration reform bill. but when you talk to white house officials, they're saying what the president was trying to do in part was spur congress to act. here's josh earnest a little earlier on fox and friends. >> he was asked if he intended to bring up common sense bipartisan immigration reform in the next congress, and he wouldn't even commit to doing

that. if he decides he's ready to sit down and work with democrats and republicans on a common sense immigration reform proposal, the president would be happy to do that. >> reporter: so josh earnest is referring to a couple days after the midterm elections, john boehner said, well, i want to talk to my members before deciding if we're going to move forward, yes, he did say that. but the white house is leaving out the part where john boehner said, quote: it is time for the united states to deal with the very issue in our society. what the white house leaves out is that boehner appeared to be saying he was open to having a vote in 2015. whether he'll actually do that is another story, martha. martha: indeed, it is. now the president goes to las vegas to begin to sell this plan to the american people. what do you expect there? >> reporter: well, i think it's an uphill battle, it's not a surprise republicans are saying he's an emperor and the executive action is out of control. we've heard that for a long time. what's new is overnight you had several senate democrats, joe

manchin of west virginia, joe donnelly of indiana saying, look, we disagree with fellow democratic president moving forward with executive action in this way, going around congress. so the pressure is on this president not just from republicans who we should acknowledge boehner and senator mcconnell, they have pressure too. they're going to be running the house and senate come january. but this president has a lot of pressure on him now from democrats, some of whom are saying this was a mistake last night. martha: yeah, a great point, because he's now put his own party sort of at arm's length by moving around them. we'll see how that works. ed, thank you. see you later. bill: so the president arguing that these immigrants will pay back taxes, 4.7 million will be getting amnesty, but some argue, in fact, they may end up getting money from the government, not giving it. stewart varney -- stuart varney, host of "varney & company" on the fox business network. good morning to you. where does this go? >> well, the president says you can stay and work if you pay

your taxes. here's the problem, many of the people who are now allowed to stay do not earn enough to pay federal or state income taxes. in fact, they earn so little that they may be eligible for the earned income tax credit. that's a check from the taxpayer to them in january because they earn so little. now, these people who are now allowed to stay if they go on the books, will be paying social security tax. but how many of them will no longer -- how many of them will say i don't want to be paid in cash any longer, i don't want to be off the books any longer, i don't want to use fake names any longer, i want to be on the books and paying tax? not all of the 4.7 million will want to make that switch to start paying taxes. so on a net-net basis, bill, this is probably not going to bring in any net new tax revenue to the government. in fact, it might be a tax loss to the treasury. bill: two more things here. when they talk about back taxes, how often does that happen?

is that a reality, or is that just words? >> i think it's just words, bill. it'll be very, very difficult to collect back taxes. remember, you've got all of these people applying for these, basically, a work permit. i don't see how you can go through all of that number of people and reliably collect back taxes. that's not probably going to happen. bill: all right. so illegal immigration costs us a lot of money as it is today. >> yep. bill: john boehner last hour predicted next summer the wave of illegals coming across the border will be much greater and much more, with much greater intensity than we saw just a few months ago. that then incurs a cost, does it not? >> yes, it does. one authority puts the current cost of illegal immigration at $113 billion a year. if you then have a second wave, another wave of people coming in illegally either next summer or thereafter, then you're adding to that $113 billion-a-year cost. in other words, if you say you can stay but you don't close the

door, you encourage another wave. that costs a lot of money down the road, bill. bill: indeed it does. stuart varney, see you in about an hour on our sister network. if you're not sure where to find that man, go to fox business network in your area and log on to the business channel, channel finder. foxbusiness.com/channelfinder. thank you, sir. see you at 11 a.m. eastern time, stuart. martha: obviously, politics playing a huge role in all of this, charles krauthammer pointing out the president could have taken action on this anytime in the past six years, but he waited until after his re-election in 2012 and after this year's midterm election. so why? >> most important, if he feels so strongly about this and scripture dictates that this ought to be done, why did he do nothing about this in 2009, in 2010 when he had control of the white house, the house and the senate and he could actually have done this constitutionally

by passing legislation? he's a very skilled politician who has used the issue for six years the way many politicians do. but it becomes somewhat offensive when he pretends it's for such high principle. martha: very ironic, too, because he specifically said, you know, that the hispanic people should know that politicians use this every time an election comes around to their benefit, and charles is arguing that that is exactly what the president has done this time as well. chris stirewalt, fox news digital politics editor, welcome. what do you think about that? >> good morning. well, obviously, i'm not going to sit here and kiss agree with dr. kraut -- disagree with dr. krauthammer, he's quite right. the reality is the president knows that this is a very risky undertaking, or i assume he knows this is a risky undertaking, and that is probably why they waited as long as they did, because of fear of a backlash. however, in doing in the way that a he's doing it now and in waiting as long as he has, he

has also freighted it not just for the backlash among americans who are concerned about people not waiting their turn, not following the law, not suffering a penalty for not doing in the right way, immigrating to the united states in the right way, but also by doing it in this imaginatively constitutional manner, by doing it in a way that may be legal but certainly is upsetting. and as we saw with obamacare, the way you pass it has something to do with how well it's received, and the way that he's done this is going to put a stink on this for a long time. martha: yeah. and you make another really good point, chris, in your notes this morning. it demonstrates that, you know, for any president in the future they can basically use the argument that there's a time limit, you know? that's the congress has a time limit. they've got a window they can act, and if they don't -- because that's his argument, it took you too long, so i had to do this. so that gives every future president the right to say it took you so long, so here i go.

>> i think the old board game was called trouble. you set the timer, and when it went off, all the pieces went up in the air. the president has initiated a constitutional version of that in which he says to the legislative branch you have 500 days or however long he says that they have to do what he wants. when the time is up, boom, all of the pieces fall out of place, and he does whatever he wants. that is, obviously, not how the framers intended it to work, and the framers obviously intended that if the legislature wanted to kill something, they could just kill it. the president is reimagining this in a very different kind of way. what some democrats are concerned about, and brother henry referenced some of them, is what about next time? what about when a republican takes office and says i told you to fix the tax code, and since you didn't within 522 days, since you didn't give me what i wanted within 532 days, i'm just going to direct the irs to stop collecting those taxes.

i don't think that'd be very popular. martha: he's distancing, also, his own party from himself with this action, and if they don't get -- as you put it -- you know, sort of the republican freakout and hispanic adulation, his fellow democrats are going to say i'm not sure that worked well. >> this is a very risky gambit because it relies on two assumptions. number one is that the republicans will go frothing mad, that there will be impeachments, government shutdowns, crazy cakes all the time. if that doesn't happen, democrats are just going to be stuck with this. number two, so many assumptions among democrats rely on not only the rising percentage of hispanic voters, but also there won't be a backlash among white voters or african-american voters or against this and that all of those hispanic voters will rise to their feet and cheer for the president on this. the president could have dealt a crippling blow to his party. martha: also assumes that hispanic voters are monolithic,

which we know they are not. chris, thank you very much. bill: a woman arrested outside the white house during this protest against the president's immigration plan. why police took her into custody, we will tell you. martha: and could the president's immigration plan mean a new surge at the border? we're going to talk to texas congressman mike mccall about his concerns in his state. >> i think the president's being irresponsible, and i know those are strong words. but the fact is, i think the president is being irresponsible.

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bill: secret service arresting a woman outside the white house with a gun last night. she was part of that demonstration during the president's address when agents noticed she was carrying a gun in a holster. she's 23 out of michigan, did not cooperate. she faces charges of possessing an unregistered weapon. ♪ ♪ martha: there is new reaction from the border states to the president's announcement of amnesty last night. in texas democrats are applauding the move, but republican governor rick perry warns the president just opened the floodgates, in his opinion, to more illegal immigration. here he is. >> there's going to be another deluge with this announcement of amnesty is coming, so hurry up and get here so you can be a part of that. martha: texas congressman mike mccall is chairman of the homeland security committee so, obviously, for many reasons this is very top of mind for you. i know you're going to get an earful in texas when you head

home on this topic. do you think he's right about the deluge of immigrants that are going to start crossing the border? >> absolutely. i think the biggest concern is every time we talk about amnesty or reform in the congress, we see a wave of illegals coming in. his to have create, -- historically, if you go back to 1986, we saw a wave of illegals coming into the country when the enforcement was not done and amnesty was granted. when the president passed daca, we saw last summer what the result of that was. there is a cause and effect here, and with daca we saw the 60,000 children coming across the rio grande valley sector in my state of texas. now with this talk, i guarantee you're going to see that. i talked to the state department yesterday, a very high level official who's very worried about the traffickers messaging this and twisting it so that more and more central americans will come through like we saw last summer. martha: all right. so the president says really the ball is in your court. here's what he said, listen. >> to those members of congress

who question my authority to make our immigration system work better or question the wisdom of me acting where congress has failed, i have one answer: pass a bill. martha: so what are you going to do? >> well, the ball isn't in our court. we have tools under the constitution to stop what the president is trying to do. you know, he said over 20 times over the last year that he doesn't have the authority to do this and that that's not how democracy works. i would argue that what he's doing now is really a threat to democracy itself by going against the will of the american people, circumventing the congress, not working with congress to get this done. i think one of the first bills you'll see out of the box in the new congress will be my border security bill to get this piece done, because until we get the security piece done, you really can't talk intelligently about immigration reform as long as waves of illegals are coming in the country. that needs to be done first. martha: so is that what you're going to do?

is the gop going to start putting out different bills and, basically, getting them passed through both houses of congress and then putting them on the president's desk and saying veto or no veto on that? >> i think i that's a smart approach. i think we need a smart border that is secure. my bill will accomplish that. i know the chairman of the judiciary, bob goodlatte, and he and i signed a letter to the president on this. we'll come out with some reform bills, and i think we're going to set our own agenda. we now have a friendly senate that we can work with in good faith and actually get things done, get things passed out of the congress and then put it on the president's desk, and then it's going to be up to him. he says he's not the emperor of the united states, but we'll see when we send these bills to his desk. martha: we heard from john boehner a little while ago. he was somewhat broad and very brief in his comments. what has his message been to you all about what your next move is? >> we want to be constructive. we want to keep the government open, but we want to shut down

this president as it comes to this granting of amnesty to five million people. this needs to be stopped. we have the power of the purse. i think we have tools under the constitution to do that. martha: so are you open, i just want -- i'm rubbing out of time -- running out of time, but are you open to the government shutdown idea or impeachment? either one of those on the table for you? >> i think there will be lawsuits, the courts will decide the constitutionality of this, and i do think it's incumbent for us to be positive, constructive, keep the government open while shutting down this president. that, i think, is the positive, constructive goal going forward. martha: congressman mccall, thank you very much. good to see you. >> thanks, martha. bill: so did the president go around the law? a closer look at his real authority in a moment, that's straight ahead here. martha: plus explosive new e-mails revealing obama administration efforts to keep operation fast and furious under wraps. >> as i was typing and working on questions for a benghazi-related story, the data

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martha: just crossing the wires moments ago, law enforcement officials telling the associated press that a package that was mailed by the florida state shooter, myron may, has just been delivered in texas. no word yet on what is in it. police say that he entered the school's library and started shooting. three students were injured, one is in critical condition. the suspect was a 2005 graduate of fsu. he was shot and killed at the scene. no motive as of yet, but these strange packages starting to arrive. bill: so president obama saying he has the authority to go it alone on immigration. his words last night, prime time. >> actions i have the legal authority to take as president,

the same kinds of actions taken by democratic and republican presidents before me, that will help make our immigration system more fair and more just. bill: talk about that with the president of judicial watch and, tom, good morning to you. where are you on a legal response here? >> well, we're figuring out who's been damaged and who's going to be damaged by this lawlessness. i know with his last legal amnesty for deferred action if you had to get your family member in, you needed a visa, and you were a u.s. citizen, you had to wait a year while obama's employees at the federal government were processing applications for illegal aliens, had no basis to be here, he had no authority to give them the basis to be here. and that's the problem here. the president's going to be hijacking the dhs and tasking government employees to do something they have no authority to do, no money to do. there's been no appropriation. the president is citing the legislation that was dismissed

from congress, and he's saying pass legislation. you'll substitute it for mine. he can't make legislation. he's admitting this is legislative. and congress just has to take action, and i can tell you judicial watch is figuring out ways to challenge this in court. but all the bodies involved, congress has got to protect the rule of law here. and what i'm hearing is they want to fund this lawlessness, and that's complicity if that -- republicans who agree to fund this lawlessness will be complies is it in it, and that -- complicit in it. bill: you just heard the president talk about his predecessors. "wall street journal" earlier today, the reagan and bush precedents cited by the obama lawyers are different in kind and degree, they were intended to fulfill the policies set by congress not as mr. obama intends, to defy congress. in those cases there was legislation that had gone through the house, right? and had gone through the senate. >> that's right. in both cases the presidents,

bush and reagan, were interpreting the laws passed by congress and effecting the law as passed by congress. here everyone knows the president has said congress hasn't done what i wanted it to do, so i'm going to do it anyway. that's not under his authority as president, and it's shameful that this constitutional law professor, who has admitted previously, you know, two dozen times he didn't have the authority to do this, has decided he has. the onus in my view is on congress because i've read the office of special counsel decision at the department of justice justifying this, and they said, well, congress didn't stop the last bit of lawlessness by obama, and that suggests they think it's legal. they've got to take a stand here. bill: um, it is often said the president says elections have consequences. we just had an election. and what about -- >> that's right. bill: what about the consequences now, tom? >> well, that's why it's important that any funding for this issue is really resolved in

the new congress and not this congress, and it be pushed so that the people who were elected by the people have a say. you know, we did an election day poll of voters, bill. 30% of people supported this executive amnesty. this is not only lawless, but it goes against the will of the voters in that regard. bill: what would you say even to those on the right who say he does have the legal authority to enact what he is about to sign. >> he doesn't have any legal authority to do this. bill: based on what? >> he is suggesting that people not be prosecuted, and those he acknowledges are outside the law be given benefits and things and the ability to work and get access to tax dollars that he's no authority to grant. he's not king, and he's basically granting pardons without, basically, pardoning them directly. and once this is done it will be

very hard to undo. that's why it's urgent that steps be taken as soon as possible. bill: speaker boehner didn't show a lot last hour. tom fenton, thank you for your time from judicial watch in washington d.c. martha? martha: authorities along the border are worried about a serious security risk in the wake of the president's executive order. we're live on the border of texas with reaction there from police. >> we'll listen to the american people, we'll work with our members, and we will work to protect the constitution of the united states. i'm j-a-n-e and i have copd.

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casey, many in texas will benefit from the president's action, no? >> reporter: yeah, martha, they will. in fact, that part of the executive order that protects the parents of undocumented children so long as they pass background checks and they've lived in the country for more than five years and they've paid their taxes, that amounts to more than 500,000 illegal immigrants that are calling the state of texas home currently. about 40% of the state's total illegal immigrant population. so no doubt many here are celebrating president obama's move. listen. >> some of my friends even they are not legal here, and they want to, like, go to college, but they're scared that they are not going to get the help they need or -- [inaudible] >> i think it's very good that obama's actually doing that. they just want to work, and they want an education. >> reporter: it is estimated that 218,000 illegal immigrants living in texas have lived here

for more than 20 years. martha? martha: law enforcement has had their hands full with all of these issues, so how are they responding to this new action? >> reporter: martha, they have especially here along the rio grande river that you heard so much about over the summer with all of those undocumented, unaccompanied minors crossing into country, mexico right behind us, we're in mission, texas. the neighboring city of mcallen, texas, is one of the largest border towns in the state, and we sat down with the police chief there yesterday who told me there is a definite fear that what the president said last night could be misinterpreted by people living in central america and mexico. do you think that this could, the word could spread and, therefore, you're going to see more people trying to enter? >> if the policy or the actions are not clear enough on its face, that will happen. >> reporter: you think people will start flooding the border?

>> yes. >> reporter: texas governor rick perry also echoing those sentiments, saying that the president's actions, he believes, will lead to more illegal immigration, not less, martha. martha: casey, thank you. bill: from texas further west to arizona, the governor there, jan brewer, blasting the executive order immigration. quote: bill: last hour house speaker said tht john boehner said congress will take action. for more reaction on that out of scottsdale, arizona, republican congressman david schweikert is with me now. sir, welcome back to "america's newsroom." speaker boehner calls it deliberate sabotage, and now that it is impossible, he believes, to build trust between the house and the new senate majority come january. what do you think about that? >> look, i believe what the

president did last night is he has now made the whole subject of immigration absolutely toxic. bill: and as a result? >> no. as a result, think of the cascade effect. we'll call it the law of unintended consequences, though in this case i believe many of the consequences may be intended. we believe large populations can be heading towards the border right now, and it happens in the winter months. but even early this morning we were working through the details of what about the earned income tax credit? the actual statute says those with significant presence in the united states, about 180 days, are eligible for the earned income tax credit. be prepared for this to cost a tremendous amount of money. bill: yeah. look, some of the estimates out there are in the millions of dollars already.

what about the allegiance to the constitution? where do you come down on that? >> oh, brilliant question. and the fact of the matter is if you could take professor obama from even just a couple years ago talking about that this isn't the type of authority vested in the president, but now that it's politically expedient as he starts to, shall we say, build what his legacy is going to be, we're getting this type of lunacy. and if you actually even walk through the own president's justice department last night actually issued a legal opinion that eviscerates much of what the president did last night. bill: huh. you say now republicans need to react strategically. >> absolutely. bill: what is the strategy? >> i think you actually have to be very smart but actually deal with this at every single level, whether it be working with states and those of us in congress, make sure we have legal standing to actually go up

and down the statutes and see how we can refind and push this back -- refine and push this back and then actually deal with our big guns which is appropriations. bill: that's funding, right? that's money. >> it's about the money. bill: a new senate majority in january, a bigger house majority. how are you going to work with the president over the next two years, do you believe? >> look, this is a president that for the last six years has functionally ignored congress. even when he controlled the majority, his arrogance, he ignored them. and now all of a sudden he gives these speeches about, well, i want to work with you. in july the house, the republican house passed a border security bill. how much did you hear the talk about how much he wanted to work with us on that and help us on that? instead it disappeared in the democratic-controlled senate. the fact of the matter is the house has been doing it work with no help from the white house. bill: there are rumors that you'll go back to that border security bill and perhaps after that a funding bill, but we will

see very shortly on a very interesting time. david schweikert, thank you for your time. you bet, out of arizona today. martha: the national guard coming to the rescue of this man in buffalo. you can see him trapped in his home by a wall of snow. he says it fell off the roof, and it was so deep that it blocked his door, keeping him stuck inside for days. that is when the guard brought in the heavy equipment to clear it out. thank you for them, thank you, national guard, and he is very grateful. >> supposed to be a number to call that you can get shoveled out, but i couldn't get through to anybody, so -- but thank god the guard was here. martha: thank goodness. at least 12 people have been killed in this monster storm. buffalo faces the threat of major flooding now because the weather is going to get warmer over the weekend, and then all of that is going to turn to water in the streets. it's going to be a very tough situation ongoing, folks. bill: they might get freezing rain in buffalo tomorrow.

martha: awful. bill: more bombshell e-mails revealing how the white house targeted former cbs reporter sheryl at kissson and then pressured her bosses at the network to shut her down. a press aide to the attorney general, eric holder, writing the white house, quote: bill: bit earlier attkisson said that someone hacked into her computer and deleted her files in an effort to intimidate. martha: well, tensions are running high in ferguson, missouri, as we await a grand jury decision in that fatal police shooting of michael brown. what is going to happen on the street there? we're watching it. bill: also it took a century, but she finally did it. a tennessee woman getting her wish fulfilling a lifelong

dream. ♪ ♪

bill: all right. talk about a once in a lifetime, ruby is from tennessee. she visited a beach and saw the ocean for the very first time only a few weeks shy of her 101st birthday. martha: way to go, ruby. bill: worked most of her life, raised four kids, didn't have the time or the money, but a foundation and her us inning center -- nursing center picked up the tab. ruby says she's never seen anything so big. a short time later, she was ready to go back inside and bundle up and keep warm. nice, nice, nice -- martha: maybe they'll send her back in the summer. isn't that nice? good for you, ruby. bill: happy birthday to ruby. martha: very good. happy birthday. all right, to this more difficult story right now, police are on high alert in

ferguson, missouri, as the father of michael brown is making a call to the people there for peace regardless of what the grand jury decide cans. a protest breaking out overnight near police headquarters. demonstrators got rowdy and blocked the traffic there according to reports. police did end up making five arrests. michael brown was killed by officer darren wilson following an altercation back in august. the i can't imagine decision could be -- grand jury decision could be announced any moment. attorney general eric holder calling for calm. >> i ask all those who seek to lend their voice to important causes and discussions and who seek to elevate these vital conversations should do so in a way that respects the gravity of their subject matter. peaceful protests have been a hallmark and a legacy of past movements for change. martha: attorney jessica ehrlich is a former congressional candidate, ken jackson is executive director of black sphere. good to have both of you with us today.

you know, kevin, what do you make of the discussions surrounding the anticipation of this release of the grand jury's decision? >> the discussion around it, well, i mean, i'm not sure about what the question means, martha, but i think what i would make about why we're spending all of this energy around it is just the idea that the democrats need this to happen. al sharpton is, from what i'm told, is going to be organizing these types of activities in multiple cities across the country, and for all intelligents and purposes -- intents and purposes, he was going to do this regardless of the decision. so that sort of tells you the motivation. you think about the time and energy and particularly the money that has gone into this and how it's risen to the level of where the attorney general has to make a statement about it as well as the president, it's pretty unnerving. martha: that's what i mean. there's so much discussion about all of this, and underlying it is a legal decision that needs to be made by a grand jury based on a specific action that

happened on an afternoon in ferguson. and i wonder, jessica, what you think about attorney general holder's statement there and the president saying stay the course when you go back to ferguson, stay the course. what does that mean? >> well, i think it is intended to encourage peaceful demonstrations, because that is the right of everyone in the united states to go and make their voices heard in a peaceful manner. and hopefully, work in some way towards a resolution so that we're not continuing to have these ongoing issues. i mean, when you have looting and when you have, you know, the destruction that occurs in these neighborhoods and communities like we've seen over and over again whether it's in watts or whether it was in washington, d.c., you know, in my lifetime it takes so long for communities to heal. and i think what everyone really wants is for there to be healing, for there to be a change in whether it's discrimination, whether it's disengagement in communities, you know, dealing with what's

happening in these counties, in the cities that has, obviously, struck a nerve with people all over the united states from many different areas. i don't think it's just, you know, folks that are in ferguson or people who are coming in from chicago, wherever it may be. this really is an issue that we have ongoing and hopefully, you know, in my lifetime we'll be able to actually have a resolution and work together so that this is not a continuing issue -- martha: you're smiling, ken. what are you thinking, kevin? >> i completely disagree. you know, look, the democrats want this to happen, they need it to happen. the problem with racism and the race pimping that goes on is when you peel back the onion, it's still an onion. look, if they wanted this to end, it would be ending. this is not a cop problem in ferguson, missouri. they're got a group that's set up a police watch in ferguson, missouri. i suggest they go to chicago or detroit or any of these other lt leaders. you have got lacey clay, the

congressman here, who's done nothing for this community, barack obama and eric holder who are the people they should be picketing against. these are the people who haven't created a single job for these ferguson teens that are latchkey kids for the most part. they haven't dealt with the underlying issues of poverty, the lack of families, bad schools, crime, etc., and you think that they want it to end? they love this strife. if we were going to be solving problems, they would be talking about issues where these guys would come in and talk to the business owners -- >> i mean, ferguson is not a poor community. it's not a community that's on the skids, you know, we're not -- can yes, there is difficulties in the neighborhood particularly where -- >> yeah, you're right. >> -- the victim grew up, but this is a fairly well-to-do area. i have family that lives there. this is a community of people, and it's really turned into a microcosm of what's going on, and i think to try to make this into a partisan issue is a

mistake because it's something that whether you are a democrat or republican, we have to come together to work on. martha: sadly, a lot of people have attached their own motivations to this story. >> yeah. martha: the grand jury is in isolation, has to figure out the legal decision based on what happened on the ground that day based on the facts, and that is what we hope they are doing, and we hope people take michael brown's father's advice and respond to this peacefully. and if they want to push for change as a result of it, to do that peacefully as well. kevin jackson, thank you very much for being here today, jessica ehrlich, thank you very much as well. >> thank you. bill: jon scott's coming up, "happening now" starts at the top of the hour. jon: happy friday to you, mr. hem her. after repeated claims by the obama administration that there was no evidence al-qaeda was behind the benghazi attacks, the u.n. just issued a new report saying just the opposite. we'll have more on that. plus, disturbing new information about china's ability to control america's power grid. what kind of attack is china

capable of, and can we stop it? also we know obesity is a problem in the u.s., but do we know about this other problem? americans have been miscalculating their measurements, not good news there. we'll have it for you, "happening now." bill: good deal. we'll see you. martha: that's alarming. bill: thank you, jon. four minutes of gut-remember. ing thrills -- wrenching 24reu8s. the world's tallest roller coaster. hang on to your hats, folks, because we are taking you there next. ♪ ♪ here's some news you may find surprising.

we're for an open internet for all. we're for creating more innovation and competition. we're for net neutrality protection. now, here's some news you may find even more surprising. we're comcast. the only isp legally bound by full net neutrality rules. ♪

♪ i'm going off the rails on a crazy train. ♪ i'm going off the rails on a crazy train ♪ bill: this thing may take you off the rails. construction for the world's largest roller coaster is underway in orlando. it's 535 feet in the air, they call it the skyscraper. it'll open in 2017, it's going to twist ya, it's gonna flip ya, and when you scream, it's gonna go faster for ya. josh is one of the designers of this monster, how are you, josh? life in orlando. >> i'm doing great, bill. bill: what is so unique other than the size, 535 feet? >> well, it's actually a vertical roller coaster that only needs a small site, so it goes straight up in the air. it's one of the longest and most thrilling rides in the history of the attractions business. bill: and that's unique why? most roller coasters are horizontal? >> yeah, most require a whole lot of acreage.

the skyscraper at sky plex goes straight up in the air and wraps around a 570-foot tower. bill: so this is going to happen, right? >> this is going to happen, believe me. bill: wow. what do you want passengers to feel, josh? >> well, we want passengers to feel the exhilaration of climbing to a height never before reached by a roller coaster and then come down the tower and just be exhilarated and thrilled and have the absolute greatest ride of their lives. bill: and it's going to last a while. i think of a roller coaster ride, i think two minutes, right? this thing is four plus. >> yeah. well, a little under four minutes and a good minute of that is going up, so you're wrapping the power. you leave from inside a sky plex, and you wrap the tower going all the way up, and once you hit the top at 500 feet, then you start coming down, and it's about a 2:50 experience coming down. bill: holy cow. who came up with this idea?

>> the polar coaster comes from bill kitchen and u.s. thrill rides based right here in orlando, and we took it and developed the skyscraper at sky plex concept where we've wrapped the bottom of the polar coaster in an indoor entertainment complex known as sky plex which is very unique for orlando, and it's located right at the intersection of international drive which is the most trafficked intersection in all of florida. it's an amazing location. bill: so you picked the right spot then. josh, who goes first? >> who goes first? well, we're thinking about doing some interesting contests. we definitely want to get on there first after the sandbags are off it. it's got to run to make sure it's very safe, and then certainly, we're going to get on that thing first, no question about it. bill: we'll see you in orlando in a year and a half. good luck, right? >> absolutely. martha: i'd let the sandbags go first. [laughter]

republicans vowing to act quickly to counteract the president's immigration plan. we'll be right back. when it comes to medicare, everyone talks

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bill: so we've got to roll, right? it's been a big, long week. martha: we've got to roll. have you had enough? bill: for now. [laughter] martha: we'll be back on monday. have a great weekend, everybody. bye. ♪ ♪ jon: and on this friday morning republicans say they are ready to fight over president obama's executive orders on immigration. welcome to this edition of "happening now," i'm jon scott. shannon: and i'm shannon bream in today for jenna lee. as the president hits the road to fire up support for the plan he announced last night, making some five million immigrants eligible for work permits and shielding them from deportation, republican leaders say he's working outside the law and the constitution. house speaker john boehner just said president obama has made it impossible to build trust with him. >> as i warned the president, you can't ask the elected representatives of the people to trust you